Showing posts with label Whistleblowers. Show all posts
Showing posts with label Whistleblowers. Show all posts

Saturday, November 16, 2013

Dissent

Dissent
to publicly disagree with an official opinion, decision, or set of beliefs
to differ in opinion
political opposition to a government or its policies
religious nonconformity
a justice's nonconcurrence with a decision of the majority link

without dissent there would be no America, no Declaration of Independence, no end to slavery, segregation, women's right to vote, fights for civil rights and civil liberties, no President Barack Obama, no change ever.

the majority rules in a democracy, but is not always right, and it is up to the minority to protest, investigate, run for office, yell at the majority, change public opinion and become the elected majority, in our long fight bending the arc of justice.

breaking the law is wrong, but so is corruption, fraud, abuse of power.  exposing truth should not be a crime, even when the law is broken to do it.

Thank you whistleblowers, ignored whistleblowers who became leakers, journalists, lawyers, hackers, protesters, public servants, elected leaders, patriots---YOU are what makes America great!!!


FREE Chelsea (Bradley) Manning, Edward Snowden, Julian Assange, Barrett Brown, Jeremy Hammond and everyone else.

Saturday, October 12, 2013

saturday october 12

Edward Snowden's laptops were blank says Ray McGovern
link here

Jack Goldsmith defends NSA ""collecting everything"" link here

Marcy Wheeler (emptywheel) on Jack Goldsmith and the NSA
link here


NPR interview with NSA Whistleblower Thomas Drake, who was with Edward Snowden in Russia this week along Whistleblowers with Ray McGovern, Coleen Rowley and Jesselyn Radack link here

Edward Snowden receives Sam Adams award in Russia visited by group of US Whistleblowers link here

Edward Snowden's leaks are leading to more disclosure and declassification from US Government (I say that was his goal all along) link here

Sunday, September 22, 2013

Sunday sept 22



Tylenol (Acetaminophen) overdose is DEADLY AND EASY (This American Life and ProPobulica Reports) link here


The Last Tweets From An American Jihadist In Somalia   link here

Omar Hammami grew up in a [Muslim-Christian family link]  in the small of town of Daphne, Ala., but ended up in southern Somalia on the FBI's Most Wanted Terrorist list. Last week, Hammami was reportedly killed by members of al-Shabab, the al-Qaida-linked militant group, after a falling out with its leadership.
He also went by the name of Abu Mansoor Al-Amriki, or "the American."
The story of how a young, charismatic kid from Alabama became a self-described terrorist has fascinated many people, including counterterrorism expert J.M. Berger, author of Jihad Joe: Americans Who Go to War in the Name of Islam.


Omar and Me My strange, frustrating relationship with an American terrorist   link here

On March 16, 2012, Hammami got a lot more interesting when he uploaded a video to YouTube, a virtual message in a bottle. Speaking directly to the camera in Arabic and then repeating the message in English, a grim-faced Omar made a shaky plea for help.
"To whomever it may reach from the Muslims … I record this message today because I fear my life may be endangered by [al-Shabab] because of some differences that occurred regarding matters of the sharia and of strategy."



KENYA Update from @911Buff 9:30am 
KENYA'S WESTGATE MALL SHOOTING: -
59 DEAD -
160 WOUNDED -
MORE THAN 30 HOURS -TERRORISTS STILL IN MALL -STILL HOLDING HOSTAGES 
3 BRITISH DEAD



DC NAVY YARD 'Stand Down' Controversy Continues to Reverberate on Capitol Hill    link here
The official, who spoke on the condition of anonymity, had no knowledge until late Tuesday of allegations first reported by the BBC that a heavily armed Capitol Police team was told to stand down when it arrived at the scene.



Issa debunks Issa on Benghazi 
BENGHAZI MORE documents disprove GOP claims link here
Earlier this week, House Oversight Committee chairman Darrell Issa released a scathing critique of the State Department's investigation into the Benghazi incident. Hours later, the committee quietly released documents that run against a number of claims in Issa's report, including the idea that then-Secretary of State Hillary Clinton was to blame for security failures in Benghazi.
Issa's report said ""the ARB was not comprehensive; it did not conduct thorough interviews, it was plagued by conflicts of interest; and the board failed to hold senior State Department officials accountable, such as Clinton."" BUT The retired admiral [Mullen] added that it was impossible to peg Clinton to the security failures because she was too far removed from those decisions. "[W]e found no evidence whatsoever that [Secretary Clinton] was involved in security decisions [in Libya]," he said.

Part of the animosity stems from the fact that Issa fought tooth and nail to get Pickering to testify in a private deposition. When Pickering finally agreed to talk, Issa kept it under wraps for months and ignored the substance of Pickering's testimony.
This, of course, is what Pickering feared all along, which is why he resisted Issa's deposition invitation in May and offered instead to testify in public before the committee. But Issa balked at the idea and used the threat of subpoena to bring him into a closed door deposition. It was only until Thursday that Pickering and Mullen finally testified in public, much to the relief of the Oversight Committee's ranking member, Rep. Elijah Cummings (D-MD).



GOP Healthcare Plan 
OBAMACARE after 3 years, 1 presidential election, and 42 votes in Congress to defund or repeal, GOP finally released THEIR replacement Health care law----they have been chanting ""repeal and replace obamacare"" for 3 years now, and now they have replace option    GOP Plan


Article on GOP Healthcare plan link here

Senator Coburn predicts latest defunding tactic won't be successful link here
cites CBO report and lack of GOP votes in passing bill


BUSINESS GROUPS HATE GOVT GRIDLOCK ""do something, anything, to help economy""  link here
Groups representing all sizes of the private sector are ramping up calls for Washington to do something – anything – to help the economy, rather than hurt it. 
“It’s exasperating because there are real consequences,” said David French, top lobbyist for the National Retail Federation. “The business community sometimes feels like it’s a hostage situation, and they prefer not to have a front row seat.“

They urged Congress to promptly raise the debt ceiling, but refused to call one party out over another.


IMMIGRATION
House "Gang of 7" loses 2 more GOP members  (was gang of 8, is now gang of 5)   link here
Texas GOP Reps. Sam Johnson and John Carter said in a joint statement that they decided to leave the “gang of seven” because of “a lack of faith in President [Barack] Obama to enforce the current and new laws necessary to solve the immigration problem.”
The first Republican to leave the one-time “gang of eight” earlier this year was Rep. Raúl R. Labrador of Idaho, citing irreconcilable differences with the other members.
That now leaves a “gang of five” with one lone Republican: Mario Diaz-Balart of Florida. The Democrats are Caucus Chairman Xavier Becerra and his fellow Californian Zoe Lofgren, Luis V. Gutierrez of Illinois and John Yarmuth of Kentucky.



House Dems outraise GOP in August, have more cash overall as well link here
Dems raised $800,000 more than the National Republican Congressional Committee
House Democrats also have more cash on hand--they reported $4.6 million raised last month and $16.1 million in the bank, while House Republicans raised $3.8 million and ended the month with $12.7 million in cash on hand.
Both committees previously eliminated their outstanding debt from the 2012 cycle.



Glenn Greenwald article -----The War on Whistleblowers and Journalists link here



Brazilian President Dilma Rousseff has scrapped a scheduled state visit to the White House amid Brazilian outrage over news that the U.S. spied on her and a Brazilian oil company.  link here






Read more here: http://www.mcclatchydc.com/2013/09/17/202443/brazil-to-obama-were-not-coming.html#.UjrVjsaPMnI#storylink=cpy
FOIA NSA story   link here

FOIA MuckRock link here
a website that helps with Government Freedom of Information Act requests


My Detainment Story by Sarah Abdurrahman   link here
Border detainments of Sarah and her family (all American Citizens, practicing Muslims) returning from a wedding in Canada, information from Border Patrol and other stories of detention and deportation.  



Barrett Brown Story  link here
the story of Journalist and Activist Barrett Brown, and how his trial and prosecution can affect journalism in the future 




DRBG Validation List Last Update: 9/20/2013
I dont understand this----but here it is anyway link here

NIST link here

NIST ITL link here

Saturday, September 21, 2013

saturday sept 21

 Syria submits list of chemical weapons arsenal link

U.N. war crimes investigators know of 14 potential chemical attacks in Syria since they began monitoring Syrian human rights abuses in September 2011, the team's chairman said on Monday.  link here

MINT NEWS STATEMENT ON DALE GAVLAK STORY link


Syria Chemical Attacks (from Wikipedia) link here
The Syrian government has been accused of conducting several chemical attacks, the most serious of them being the 2013 Ghouta attacks.

On 29 April, another chemical attack was reported, this time in Saraqib, in which 2 died and 13 were injured
On 13 June, the United States announced that there is definitive proof that the Assad government has used limited amounts of chemical weapons on multiple occasions on rebel forces, killing 100 to 150 people.
On 5 August, another chemical attack by the Syrian army was reported by the opposition, who documented the injured with video footage. The activists claim up to 400 people were effected by the attack in Adra and Houma of the Damascus suburbs

On 21 August, Syrian activists reported that Assad regime forces struck Jobar, Zamalka, 'Ain Tirma, and Hazzah in the Eastern Ghouta region with chemical weapons. At least 635 people were killed in a nerve gas attack.

REBELS
The rebels have also been accused of conducting several chemical attacks, the most serious of which was the Khan al-Assal chemical attack. The Khan al-Assal attack took place On 19 March 2013






Breaking News Guide---what wrong information gets reported  link


Kenya Nairobi Mall Shooting, 11 killed** (update is 39 killed, more than 150 injured, including family of Kenyan President Uhuru Kenyatta)  link
The Somali militant group al-Shabab has said it carried out the attack.

On its Twitter feed, the al-Qaeda-linked group said it confirmed it was behind what it called the "Westgate spectacle".

Al-Shabab has carried out a string of attacks in Kenya since 2011, when Kenyan troops moved into southern Somalia to fight the militants there.

"They came and said: 'If you are Muslim, stand up. We've come to rescue you," said Elijah Lamau.

He said the Muslims left with their hands up, and then the gunmen shot two people.

The US state department says it has reports that American citizens were injured in what it called "a senseless act of violence".



TIME magazine graphic compares Navy Yard Shooter to Nidal Hassan, Snowden, Manning ""slipping through the cracks"" link here



ATF success, illegal guns, tough judge gives harsher sentence link
Federal Judge John Gleeson could have given 23-year-old weapon peddler Angel Tejeda 30 months to 37 months in prison — if he had stuck to the guidelines. But Gleeson handed Tejeda a 44-month sentence after Assistant U.S. Attorney Jack Dennehy made note of the recent high-profile shootings.Gleeson, a former prosecutor who won the conviction of Gambino crime boss John (Teflon Don) Gotti, said he was mystified how Tejeda could be looking at such little time.

Tejeda, 23, and co-defendant Amaury Delarosa, 25, were nabbed last year in a Bureau of Alcohol, Tobacco, Firearms and Explosives sting operation dubbed “Operation Young Guns.”

Tejeda was buying the handguns and shotguns from a dealer, and selling the small arsenal to an undercover agent in a Fairway supermarket parking lot on W. 131st St. in Harlem, said ATF agent Patrick Collins.



Military Rape, MJIA, Article 32 hearings, Court Martial link
In a public hearing, they asked the woman, who has accused the three athletes of raping her, whether she wore a bra, how wide she opened her mouth during oral sex 

The aggressive tactics on display this month and last are part of a case that has generated intense public scrutiny and raised alarms about what are called Article 32 proceedings, which help determine whether cases are sent to courts-martial. Article 32 hearings permit questions not allowed in civilian courts and can include cross-examinations of witnesses so intense that legal experts say they frighten many victims from coming forward.



NYPD spies on Muslims, NSA gets email about terror attack from monitoring Pakistan link here 
NO new laws needed, NO new interpretation or FISA court needed!! FIX THE NSA!!!! FIX THE NYPD!! no spying (Didnt lead to any terror cases stopped, STOP stop and frisk!!!)



Ray Kelly in 2000 ""stop and frisk hurts communities, doesnt help link here
By KEVIN FLYNN
Published: April 5, 2000

Former Police Commissioner Raymond Kelly (1992-1994) assailed the Giuliani administration's police strategies last weekend, saying it had abandoned community policing, increased firepower and fumbled minority hiring in a way that bred mistrust among many blacks and Latinos.

''A large reservoir of good will was under construction when I left the Police Department in 1994,'' Mr. Kelly said. ''It was called community policing. But it was quickly abandoned for tough-sounding rhetoric and dubious stop-and-frisk tactics that sowed new seeds of community mistrust.''

Soon after taking office, Mayor Giuliani replaced Mr. Kelly with William J. Bratton and denigrated the community policing program, which used beat officers to build community relationships, as an ineffectual policy that resembled social work.

Police officials characterized Mr. Kelly's speech, which included criticism of the decision to switch from 10-shot to 16-shot pistols, as unfair. They denied that they had abandoned community policing and said that, despite the increase in firepower, the number of shots fired by officers had declined in recent years.



ACLU report on Marijuana use versus arrests---usage is equal among blacks and whites, but blacks are arrested more often  link here









Twitter DM Spam DONT OPEN THE LINKS DONT SIGN INTO FACEBOOK
http://www.slate.com/blogs/future_tense/2012/09/24/twitter_direct_message_hack_facebook_youtube_video_links_lead_to_malware.html

http://news.cnet.com/8301-1009_3-57519494-83/twitter-users-may-be-victims-of-direct-message-malware/


Thomas Drake, NSA Whistleblower
http://www.newyorker.com/reporting/2011/05/23/110523fa_fact_mayer

When President Barack Obama took office, in 2009, he championed the cause of government transparency, and spoke admiringly of whistle-blowers, whom he described as “often the best source of information about waste, fraud, and abuse in government.” But the Obama Administration has pursued leak prosecutions with a surprising relentlessness. Including the Drake case, it has been using the Espionage Act to press criminal charges in five alleged instances of national-security leaks—more such prosecutions than have occurred in all previous Administrations combined. The Drake case is one of two that Obama’s Justice Department has carried over from the Bush years.
Drake, a registered Republican, had not only expected the President to roll back the prosecutions launched by the Bush Administration; he had thought that Bush Administration officials would be investigated for overstepping the law in the “war on terror.

Drake says ""I did not tell secrets. I am facing prison for having raised an alarm, period. I went to a reporter with a few key things: fraud, waste, and abuse, and the fact that there were legal alternatives to the Bush Administration’s ‘dark side’ ”—in particular, warrantless domestic spying by the N.S.A.""


Jack Balkin, a liberal law professor at Yale, agrees that the increase in leak prosecutions is part of a larger transformation. “We are witnessing the bipartisan normalization and legitimization of a national-surveillance state,

On March 28th, Obama held a meeting in the White House with five advocates for greater transparency in government. During the discussion, the President drew a sharp distinction between whistle-blowers who exclusively reveal wrongdoing and those who jeopardize national security. The importance of maintaining secrecy about the impending raid on Osama bin Laden’s compound was likely on Obama’s mind. The White House has been particularly bedevilled by the ongoing release of classified documents by WikiLeaks, the group led by Julian Assange. Last year, WikiLeaks began releasing a vast trove of sensitive government documents allegedly leaked by a U.S. soldier, Bradley Manning; the documents included references to a courier for bin Laden who had moved his family to Abbottabad—the town where bin Laden was hiding out. Manning has been charged with “aiding the enemy.”

THOMAS DRAKE
http://www.washingtonpost.com/opinions/why-are-we-subverting-the-constitution-in-the-name-of-security/2011/08/25/gIQANnrheJ_story.html

THOMAS DRAKE
http://www.c-spanvideo.org/program/NSAW



Daniel Ellsberg on Wikileaks 
http://www.economist.com/blogs/democracyinamerica/2010/07/daniel_ellsberg_interview
Ellsberg says ""I would've thought that the National Security Agency could penetrate them and keep them from giving anonymity to leakers""

But the administration's surprise at these revelations indicates that Julian Assange is delivering to sources what he said he could—anonymity. And the reason that one person has been brought up on charges, Bradley Manning, is not due to any fault in the Wikileaks technology, but to Bradley Manning's own choice to reveal himself to someone who in turn informed on him. So I hope that his being under charges won't discourage other people from using the Wikileaks technology. I understand that Assange has offered, or plans to offer, this same technology or software to newspapers so that they can do Wikileaks's job on a larger scale. And I hope they take advantage of that.

Two of whom are being prosecuted for acts carried out under George Bush and for which Bush chose not to prosecute—Thomas Drake, who is under indictment, and Shamai Leibowitz, who pleaded guilty (a mistake in my mind)

So Obama's famous position of not looking backward seems to apply only to crimes like torture or illegal warrantless surveillance

 The Apache video was wrongly withheld from Reuters, which tried for two years to get it in order to shed light on why their two employees, unarmed journalists, were shot in Iraq

I don't advise people to put out classified material they haven't read

What I did say was that my first choice still would be the press. In fact, it would be the press rather than Congress—I think I wasted a year and half trying to get hearings in Congress without the pressure of the press. Of course, I was unsuccessful there—they just held on to the papers. 

Nixon brought a dozen CIA assets, under the direction of Howard Hunt and Gordon Liddy, up from Miami on May 3rd 1972, with orders to incapacitate me totally. That was done covertly and was one of the factors that led to Nixon's resignation. Obama has now announced, through his then-head of intelligence, Dennis Blair, that we have a list of those who can be assassinated by special-forces operators. And this president has even approved names of American citizens on that list. Now that's an astonishing change, not in our covert policy—presidents have been involved in covert assassination plots repeatedly—but to announce that publicly as a supposedly legitimate policy. That negates the Magna Carta. It's a kind of power that no king of England has asserted since John I.

Friday, September 20, 2013

friday sept 20

A Month after Syria Chemical Weapons attack, many still feel effects link

NSA assesses Snowden leaks link
""When Osama bin Laden learned the NSA was monitoring his satellite telephone, for example, he switched to sending messages by courier. The messages couldn't be intercepted, but the change meant bin Laden's communications became slower and more cumbersome as a result."" LEAVING OUT MENTIONING THAT THE COURIER IS HOW HE WAS CAUGHT!!!!!!! WE NEED MORE SNOWDENS THANK YOU!!!!!

Syrian Deputy Prime Minister (speaking for his party, NOT as Syrian govt, he says) says war is in stalemate, will offer ceaasfire at Geneva link


Iraq Sectarian Violence continues link


Egypt in Crisis The Muslim Brotherhood versus Al Qaeda link

NSA---Snowden took documents from internal website link (it took NSA 4 MONTHS to figure this out??!!!)

Turkey said its warplanes shot down a Syrian helicopter on Monday after it crossed into Turkish airspace and the government warned it had taken all necessary measures to defend itself against any further such violations.  link

Inequality in NYC---Bloomberg versus Bill de Blasio link

NSA FISC August 29, 2013 report on Metadata link

5 Things GOP COULD Cut Instead of Food Stamps, If it really cared about the deficit link
How dare they consider such a thing when congressmembers — as Rep. Jackie Speier (D-CA) explains in the video above  — get over $100 a day to eat when they’re traveling?  (more from my blog GOP Doesn't care about debt, Congress is the one on welfare)
Congress can cut 
1. F-35
2. War on Drugs
3. Nuclear arsenal
4. Crop insurance
5. Tax cuts for the rich

FACT CHECK ON OBAMACARE AND PREMIUMS!!!!!
Obamacare and high premiums link
Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.
The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years
Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.
If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.
insurers have gone ahead and charged what regulators described as unreasonable rates because the state had no ability to deny the increases.
Some consumer advocates and policy experts say the insurers may be increasing rates for fear of charging too little, and they may be less afraid of having to refund some of the money than risk losing money.


Germany is ditching nuclear energy, going back to coal, even moving a whole town link


ISRAEL DEMOCRACY JEWISH STATE RABIN QUOTE
Israel----Dr Stephen Berk quoting Yitzhak Rabin ""Israel can either give citizenship to West Bank and Gaza and be a democracy, or it will not and stay a Jewish State"" link


IRAN VIDEO JON STEWART MAZIAR BAHARI 
Iran----Jon Stewart, Maziar Bahari, link


SYRIA CHEMICAL WEAPONS 
Syria Chemical weapons roundup link


NSA Thomas Drake, NSA Whistleblower, says should be dismantled and start over link
He was once a top NSA executive before he told a reporter about fraud, mismanagement and massive cost overruns at its flagship digital intelligence program, as well as privacy violations in its top secret surveillance efforts. He did this only after he tried and failed to get NSA and Pentagon inspectors and Congress to act

(I HAVE FOUND THAT EVERY WHISTLEBLOWER FIRST TRIED TO GO TROUGH TRADITIONAL CHANNELS BEFORE LEAKING) 
The Justice Department subsequently charged him under a 1917 espionage statute, but dropped the charge when not a scrap of evidence linked him to spying or a foreign power. The judge in the case called the prosecution “unconscionable.”




Michael Doran explains Al Qaeda link

After the Sept. 11, 2001, attacks by al Qaeda, Doran wrote a defining piece in Foreign Affairs magazine -- "Somebody Else's Civil War" -- that Middle East experts still cite.

Osama Bin Laden had "no intention of defeating America," Doran wrote. "War with the United States was not a goal in and of itself but rather an instrument designed to help his brand of extremist Islam survive and flourish among the believers."

Al Qaeda wanted Washington to dispatch U.S. troops to the Islamic world, so Muslims would turn on governments allied with the United States -- and provoke their collapse, Doran explained. "Americans, in short, have been drawn into somebody else's civil war."

Friday, September 13, 2013

The ""State Secrets"" Secret

From This American Life http://www.thisamericanlife.org/radio-archives/episode/383/Origin-Story


OVERVIEW by me from the full transcript
A plane crash, a supposed secret mission, a claim of negligence, a refusal to turn over accident report, and declassification 40 years later

This week (June 2009), when the Attorney General [Alberto Gonzalex] appeared before the Senate Judiciary Committee, he told them that any day now, he'll be delivering the Administration take on how to change the state secrets privilege.

The State Secrets Privilege is--- If you are suing the US Government, the Government can claim that taking your case to court would reveal sensitive national security information. If they do that, simply by making that claim, they can get your case thrown out of court. The judge won't even usually look at the evidence to see if the Government is fibbing.


Under the Bush administration, this increased dramatically. They got judges to throw out lawsuits regarding the torture and rendition of detainees in the War on Terror, over Guantanamo, over the wiretapping of American citizens.

Barry Siegel

Yeah, well, the state secrets privilege came about as a result of a 1953 Supreme Court decision, US v. Reynolds.

A US Air Force B-29 in October 1948 took off in Georgia to test an experimental navigation system, radar system. Three civilian engineers from RCA were onboard as part of the test team. The plane engines caught fire. The plane crashed over Waycross, Georgia, October 6, 1948.

The widows of the three civilian engineers onboard sued the Government: negligence. During discovery process, the widows asked for the Air Force accident report. The Government wouldn't turn it over, wouldn't turn over the accident report. A Federal District judge, a very brave one, William Kirkpatrick, who was hearing the case, ordered the Government to produce the document. He said you can just turn it over to me in private. I'll look at it in chambers. The Government wouldn't hand it over even to the judge to look at in private in chambers.

Judy Loether, daughter of Al Payla started researching the case online. And I said, well, what do I want to look up tonight? And for the first time, I typed in the combination of B-29 plus accident, and I had never done that before. And the first hit was accidentreport.com. And this page comes up. Accident reports from military crashes from 1918 through 1955.

            Ira Glass

All of these reports had been declassified in the 1990s.
There was nothing in there about the secret equipment or the secret mission of the plane other than the mention that there was secret equipment on the plane. And that, of course, was in the newspapers.

         Ira Glass Instead of that stuff, what was in the accident report was a stark, very detailed account of Air Force negligence. There was a lot of negligence. This particular B-29 had a history of trouble: fuel leaks, faulty engines. It had been repeatedly grounded. The engines on all B-29s had a tendency to overheat and were supposed to get special heat shields installed to fix that, but this plane never got them. On this flight, the engines caught fire, and the pilot made some errors that compounded that problem and sent the plane into a spin.
               Ira Glass In his reporting, Barry Siegel lists some of the other kinds of cases that have fallen under the state secrets privilege since this precedent was set. "In 1990," he writes, "families of 37 crew members who were killed by Iraqi missiles hitting the USS Stark sued the contractors responsible for the ship's antimissile system. The Government said trying the case would reveal state secrets, and this got it thrown out of court.
**In 2000, a CIA employee sued the agency for gender discrimination. The Government said trying the case would reveal state secrets, and this got it thrown out of court.
**In 2003, a senior engineer said a Defense contractor had submitted false test results on an antimissile vehicle. The Government said trying this case would reveal state secrets and got that thrown out of court."
And so, Siegel says, "Its disturbing that in the case that made all this possible--US v. Reynolds-- the Government said that it couldn't turn over an accident report because this would reveal state secrets. But there seemed to be no state secrets at all in the accident report. At that point, it wasn't even a secret that B-29s were having these terrible mechanical problems.
In 2008, Judy Loether testified before Congress. And when Senators Edward Kennedy and then Republican Arlen Specter introduced a bill to regulate the state secrets privilege once and for all, a bill that would tell judges not just to take the Government's word when it claims that a state secret is involved in the case, but actually look at the evidence to be sure that it's true, they cited what happened in Reynolds.
This is from the press release, quote: "Recently declassified information about the Supreme Court's leading decision on the state secrets privilege-- US v.Reynolds-- provides an early example of executive abuse of the privilege. That kind of abuse will no longer be possible under the State Secrets Protection Act."
A version of the bill came out of a House subcommittee this week. The bill's on the schedule to be marked up next week by the Senate Judiciary Committee.



FULL TRANSCRIPT BELOW 

We've arrived at Act Two of our show. Act Two, The Secret Life of Secrets.
This week, when the Attorney General appeared before the Senate Judiciary Committee, he told them that any day now, he'll be delivering the Administration take on how to change the state secrets privilege. And I don't know about you, but for me, every time this comes up in the news, I have to be reminded what the hell the state secrets privilege actually is in the first place. And every time I read about it and relearn it, I think to myself, oh, right. That's one of those legal things that anybody can understand.
Basically, it's this: If you are suing the US Government, the Government can claim that taking your case to court would reveal sensitive national security information. If they do that, simply by making that claim, they can get your case thrown out of court. The judge won't even usually look at the evidence to see if the Government is fibbing.
Democrat and Republican presidents have both used this to get all kinds of cases dismissed. Under the Bush administration, this increased dramatically. They got judges to throw out lawsuits regarding the torture and rendition of detainees in the War on Terror, over Guantanamo, over the wiretapping of American citizens.

Barry Siegel

Yeah, well, the state secrets privilege came about as a result of a 1953 Supreme Court decision, US v. Reynolds.

Ira Glass

This is Barry Siegel, a reporter who wrote about the true story of US v.Reynolds for the LA Times and later in a book called Claim of Privilege. It is very possible that if we could somehow send his book back in time to the year 1953 and let the Supreme Court justices read what really happened in US v. Reynolds,they would have decided the case differently. Some important facts have come to light in the last half century about the case.
As a public service right now, in case any of you hearing my voice do someday get teleported back to the year 1953, we present now the true origin of US v.Reynolds.

Barry Siegel

A US Air Force B-29 in October 1948 took off in Georgia to test an experimental navigation system, radar system. Three civilian engineers from RCA were onboard as part of the test team. The plane engines caught fire. The plane crashed over Waycross, Georgia, October 6, 1948.
The widows of the three civilian engineers onboard sued the Government: negligence. During discovery process, the widows asked for the Air Force accident report. The Government wouldn't turn it over, wouldn't turn over the accident report. A Federal District judge, a very brave one, William Kirkpatrick, who was hearing the case, ordered the Government to produce the document. He said you can just turn it over to me in private. I'll look at it in chambers. The Government wouldn't hand it over even to the judge to look at in private in chambers.

Ira Glass

Because the Government would not comply with his order to turn over the accident report, the judge declares the widows the winners in this case by default. An appeals court agrees. It gets to the Supreme Court, whose decision you already know. It overturns the lower two courts, finds in favor of the Government, says the Government does not have to hand over the accident report once it claims that this would reveal state secrets.
But understand what happens next. There's an important thing you need to keep in mind about this Supreme Court decision.

Barry Siegel

Keep in mind, in 1953, the Supreme Court in ruling for the Government never itself asked to see the accident report. It voted in 1953 to believe the Government when it said it contained state secrets. And that's the foundation for the whole state secrets privilege in US v. Reynolds. It says that we have to trust the Government. If they can convince us that national security is at risk, then you don't have to even ask for the documents. So they never saw it. No one ever saw the accident report back then.
So 50 years passed. The families of these three civilians who had perished in the plane, they tried for years to find out more of what happened on that plane. They never could. The children of the engineers, who really never knew their fathers, always wondered who they were and what had happened to them. One of them particularly, Judy Loether, she was seven weeks old when her father Al Palya died.

Judy Loether

I knew my father had died in a plane crash, and I knew it was an Air Force plane, and I knew that there was a secret project.

Ira Glass

This is Judy Loether. Now, of course, she's grown. She lives in a town not far from Boston.

Judy Loether

The biggest question I had was what secret project were they doing on that plane? I mean, you know, what did my father die for?

Ira Glass

Over the years, she'd go into little spurts of looking into this. She exchanged letters with a man who had survived the crash. She went through her father's old papers and technical manuals. And then in the late 1990s, she got a computer and started searching the internet. She learned all about B-29s and about the bomb site device that her dad worked on as an engineer. It made her feel closer to him to see pictures of these things that he had made. She printed stuff out. She kept it in a notebook. And then one night in February 2000, she sat down at a computer.

Judy Loether

And again, my cursor was on that blank box. And I said, well, what do I want to look up tonight? And for the first time, I typed in the combination of B-29 plus accident, and I had never done that before. And the first hit was accidentreport.com. And this page comes up. Accident reports from military crashes from 1918 through 1955.

Ira Glass

All of these reports had been declassified in the 1990s.

Judy Loether

And I remember looking at those words and reading them like three times and thinking 1948. Wow! This place is going to have the report of that plane crash?

Ira Glass

Now, at the time, did you know that this report had been the subject of a lawsuit and that the Government refused to give your mom and the other widows this very accident report that suddenly you're actually able to get from this guy for $60-something?

Judy Loether

I hadn't a clue. I knew there had been a lawsuit, but that's all I knew.

Ira Glass

And did you know that the lawsuit turned into this famous Supreme Court precedent?

Judy Loether

No. I had no idea.

Barry Siegel

Two weeks later, Judy Loether gets mail from him, this accident report that her mom and the other widows had vainly sought 50 years before. And what's interesting about this is that she's kind of disappointed when she pulls out the accident report because she's not looking for the cause of the accident. What she really wants to know is what the secret thing was that her dad was doing on that plane. It was just a way to get to know about her dad. And to her great frustration, when she pulls out the accident report and reads it is that there's no reference at all to the secret project her father was working on.

Judy Loether

There was nothing in there about the secret equipment or the secret mission of the plane other than the mention that there was secret equipment on the plane. And that, of course, was in the newspapers.

Ira Glass

Instead of that stuff, what was in the accident report was a stark, very detailed account of Air Force negligence. There was a lot of negligence. This particular B-29 had a history of trouble: fuel leaks, faulty engines. It had been repeatedly grounded. The engines on all B-29s had a tendency to overheat and were supposed to get special heat shields installed to fix that, but this plane never got them. On this flight, the engines caught fire, and the pilot made some errors that compounded that problem and sent the plane into a spin.
Disturbed and saddened, Judy thought that she should share this document with other families from the crash, and from newspaper clippings, she learned of another woman whose father died that day: Susan Brauner. When she met Brauner, it was Brauner who told her about the Supreme Court decision.

Judy Loether

Within a half an hour of when I got home, I was reading that decision. And it was that moment, as I'm reading through the decision and it's all hinging on this accident report which I have, and I'm reading it, and the justices are saying in their decision it's a reasonable assumption that this accident report talks about the secret equipment and the secret mission, and I'm saying no. No, it doesn't talk about that at all. I couldn't understand it. It just really upset me. And then I think the fact that Reynolds was being used over and over again by the Government, it was such an important case, and it was based on this lie.

Ira Glass

In his reporting, Barry Siegel lists some of the other kinds of cases that have fallen under the state secrets privilege since this precedent was set. "In 1990," he writes, "families of 37 crew members who were killed by Iraqi missiles hitting the USS Stark sued the contractors responsible for the ship's antimissile system. The Government said trying the case would reveal state secrets, and this got it thrown out of court.
In 2000, a CIA employee sued the agency for gender discrimination. The Government said trying the case would reveal state secrets, and this got it thrown out of court.
In 2003, a senior engineer said a Defense contractor had submitted false test results on an antimissile vehicle. The Government said trying this case would reveal state secrets and got that thrown out of court."
And so, Siegel says, "Its disturbing that in the case that made all this possible--US v. Reynolds-- the Government said that it couldn't turn over an accident report because this would reveal state secrets. But there seemed to be no state secrets at all in the accident report. At that point, it wasn't even a secret that B-29s were having these terrible mechanical problems.

Barry Siegel

It's really interesting, US v. Reynolds based on a lie. The very case that establishes the right of the state secrets privilege is a perfect example of why the Government shouldn't have that privilege.

Ira Glass

As for Judy, the more she thought about it, the more she was bothered by the fact that the Government's lawyers back in the 1950s must have read the accident report themselves, so they must have known that the Air Force was negligent. But when the lower courts found them negligent and awarded the widows some money, these Government lawyers kept appealing that decision, all the way up to the Supreme Court.

Judy Loether

That again is disturbing to me, because it's not like they were some corporation. These were three widows whose husbands were dead because of their negligence, but they were going to get their precedent at our cost.

Ira Glass

So Judy and two other families from the crash went back to the Philadelphia law firm that had originally represented her mom and the other widows back in 1953. And together, they filed a new petition in the Supreme Court. Not asking that US v. Reynolds cease to be a precedent. Too many other cases had agreed with the finding in Reynolds that that wasn't really an option. And the goal wasn't to overturn the state secrets privilege. Instead, they wanted the court to acknowledge that the Government had lied about the contents of the accident report, that the Government had committed fraud before the Supreme Court, and they wanted the court to award monetary damages that should have gone to the widows back then.

Barry Siegel

This gets a little technical into the legal, but the Supreme Court invited the Solicitor General--

Ira Glass

The Solicitor General, of course, the administration's lawyer who deals with the Supreme Court.

Barry Siegel

--to respond to this petition. And the Solicitor General's argument essentially said we are not in a position now, us sitting here 50 years later, to know why the Air Force made a state secrets claim. We're not experts, and we can't know what their reasons were 50 years before.

Ira Glass

The Supreme Court declined to hear the case.

Ira Glass

So even though the Supreme Court refused to take this case, can their petition have an effect on the law in some way? Can it be cited? Has it been cited?

Barry Siegel

Yes. That's exactly what their legacy is. I think that they didn't prevail in the Supreme Court. They prevailed in the two ways that they probably most were seeking some effect. First of all, they sure got their story out. And the other thing that they did is that lawyers now involved in litigation with the Government have started to talk about the origins of the US v. Reynolds decision. Now when the Government waives the state secrets flag in court, the other side can get up and say, well, wait a second. And it has happened.
I can tell you there was a recent Ninth Circuit Court of Appeals decision, which finally-- one of the few rare ones, which did limit a Government state secrets claim.

Ira Glass

The court said, in this case, that they wouldn't just take the Government's word about whether there were secrets in the documents being discussed. The Government would have to show the documents to the judges, one by one, in private.

Barry Siegel

In this decision in the Ninth Circuit, which just came out in the last few weeks, there was a footnote in which these appellate judges cited what you and I are talking about today. They cited the fact that US v. Reynolds-- it said the dubious origins of US v. Reynolds.

Ira Glass

In 2008, Judy Loether testified before Congress. And when Senators Edward Kennedy and then Republican Arlen Specter introduced a bill to regulate the state secrets privilege once and for all, a bill that would tell judges not just to take the Government's word when it claims that a state secret is involved in the case, but actually look at the evidence to be sure that it's true, they cited what happened in Reynolds.
This is from the press release, quote: "Recently declassified information about the Supreme Court's leading decision on the state secrets privilege-- US v.Reynolds-- provides an early example of executive abuse of the privilege. That kind of abuse will no longer be possible under the State Secrets Protection Act."
A version of the bill came out of a House subcommittee this week. The bill's on the schedule to be marked up next week by the Senate Judiciary Committee.